Legal Question in Criminal Law in Kentucky

My husband was arrested over 10 years ago for spouse abuse. He really wasn't guilty, as I am the spouse, however the police said the state decided to pick up the charges. He spent some days in jail and had a court date. He was served with anger management. Now over 10 years later we are trying to be foster parents. I am wondering if the crime will show up on the police record. If so, is there anything we can do to get it removed? He is a wonderful husband and Father. It was a heat of the moment argument between two immature people and we were both guilty. I hate the fact that it could keep two very good parents from becoming foster parents. Can you please tell me what you know about this? We are waiting for the recorsd to come back and the agency to review them, however the records system on Frankfort is backed up over a month.


Asked on 10/22/10, 2:10 am

1 Answer from Attorneys
Andrea Welker Welker Law Office

If he did not seek to have the charge expunged, then, yes, it will appear on a criminal background check. I do not know what criteria is used to evaluate potential foster parents, but if a misdemeanor domestic violence charge isn't an automatic disqualification, then not being forthcoming about it probably is. It's better to be up front about it and offer an explanation, showing that it was an isolated incident, he has been treated for anger management, and there has never been a subsequent incident.

If ultimately you cannot serve as foster parents because of the charge, I encourage you to find other ways to serve your community's children. Foster Care Review Board and Court Appointed Special Advocates (CASA) are two excellent programs that give community members an opportunity to volunteer.

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Answered on 10/27/10, 10:38 am


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